GEORGEKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant is the convict in S.C.No.155/2004 of the Manjeri Sessions Division. The allegation is that on 09.03.2003 at 5.35 p.m. the appellant was found carrying 1 1/2 litres of arrack in a 5 litre can on the walkway inside the rubber plantation of one Kochuparambil Avarachan in Pookkottumanna desom and Chunkathara amsom. The allegation is that the detecting officer, Sub Inspector, Edakkara police station and party proceeded to the place on getting reliable information about illegal vending of arrack inside the said rubber plantation. The police party found the appellant carrying the a can containing 1 1/2 litres of arrack, seeing them he tried to drift away, he was intercepted and the contents of the can was tested by tasting, after ascertaining that it is arrack, he was arrested, the contraband was seized under a mahazar, sample was collected and the case was registered after getting back to the police station. The alleged seizure, arrest and sampling were made in the presence of independent witnesses.

(2.) After completing investigation the final report was laid by the Sub Inspector, Edakkara police station before the Judicial First Class Magistrate, Nilambur, where the case was taken on file as CP.121/2003. After completing procedural formalities the case was committed to the Court of Session, Manjeri from where it was made over to the Additional Sessions Court (Ad hoc)-I, Manjeri. The learned Additional Sessions Judge, after hearing counsel on both sides, framed a charge for offence punishable under Section 55(a) of the Abkari Act, read over and explained to the appellant in Malayalam, to which he pleaded not guilty. He was defended by a counsel of his choice.

(3.) Seven witnesses were examined on the side of the prosecution as PWs 1 to 7. Exts.P1 to P11 were also marked. The material object was identified and marked as MO1. On conclusion of prosecution evidence, when examined under Section 313(1)(b) Cr.P.C., he pleaded that he is innocent. To the penultimate question he said that, that Saturday police reached his house and asked to report at police station on the following day. He went to the police station accompanied by Rajesh and Binu. Both of them were asked to go whereas he was arrested by the police. He was a member of the anti liquor committee and the case was registered out of that animosity. There was no evidence in defence. Then, after hearing counsel on both sides, by the impugned judgment, the learned Additional Sessions Judge found him guilty of offence under Section 55(a) of the Abkari Act, convicted and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.1 lakh, in default to undergo simple imprisonment for one year. He was also allowed to get the benefit of set off. That conviction and sentence are called in question in this appeal filed under Section 374 of the Cr.P.C.